Meetings - Childcareobjectionletterfebruary2013

STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS

Mailing address:
6714 Mail Service Center
Raleigh, NC 27699-6714

Street address:
1711 New Hope Church Rd
Raleigh, NC 27609-6285

February 26, 2013

Dedra Alston
2201 Mail Service Center
Raleigh, NC 27699-2201

Re: 10A NCAC 09 .3004

Dear Ms. Alston:

At its February 21, 2013 meeting the Rules Review Commission objected to the above-captioned rule in accordance with G.S. 150B-21.10.

The Commission objected to this rule based on lack of statutory authority. There is no authority to prohibit a "religious sponsored child care facility" from offering religious instruction. G.S. 110-88.1 specifically forbids "the State to determine the training or curriculum offered in any religious-sponsored child care facility."

Please respond to this letter in accordance with the provisions of G.S. 150B-21.12. If you have any questions regarding the Commission's action, please let me know.

Sincerely,

Joseph J. DeLuca, Jr.
Commission Counsel

JJD:jbe

1 10A NCAC 09 .3004 has been adopted with changes as published in 26:23 NCR 1890 as follows:

2

3 10A NCAC 09 .3004 RELIGIOUS ACTIVITIES

4 Activities, instruction, or communications, Activities or instruction which promote religious beliefs, beliefs shall not

5 be directed toward children participating in the NC Pre-K program during the 6 1/2 to 10 hour NC Pre-K day. day,

6 as designated by the provider.

7

8 History Note: Authority G.S. 110-85; 110-88; S.L. 2011-145, s. 10.7(a); s.10.7(a), (b), (d);

9 Eff. March 1, 2013.